Conforms the definition of an incarcerated individual with a serious mental illness to the definition of "person with a serious mental illness" in the mental hygiene law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1300
SPONSOR: Aubry TITLE OF BILL:
An act to amend the correction law, in relation to incarcerated individ-
uals with a serious mental illness
PURPOSE:
The purpose of this legislation is to change the definition of serious
mental illness in the correction law to match the definition of a seri-
ous mental illness as found in the mental hygiene law.
SUMMARY OF PROVISIONS:
Section 1: Amends subparagraph (i) of paragraph (e) of subdivision 6 of
section 137 of the correction law, as amended by chapter 322 of the laws
of 2021.
Section 2: Sets forth the effective date.
JUSTIFICATION:
The Office of Mental Health provides mental health services for inmates
incarcerated in DOCCS facilities. Mental units within prisons are
considered satellite units of OMH under the commissioner of OMH. For
simplicity and consistency, the definition of serious mental illness
should be the same throughout the state no matter where OMH is operat-
ing. As the practice and understanding of psychiatry and psychology
change, the list compiled during the negotiations in a settlement agree-
ment that was codified into law should not outweigh professional opin-
ions and diagnoses of mental illness. Additionally, inmates who are
seriously mentally ill under the State's accepted definition of such
mental illness should not be placed in solitary confinement because of
the limitations of a statute in the correction law.
LEGISLATIVE HISTORY:
2021-2022: Referred to Correction in 2021 and Passed the Assembly in
2022, Vetoed. 2019-2020: Passed the Assembly in 2019 and Advanced to
Third Reading in 2020.
2017-2018: Advanced to Third Reading in 2017 and Passed the Assembly in
2018.
2015-2016: Advanced to Third Reading in 2015 and Passed the Assembly in
2016.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
1300
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. AUBRY, BURDICK, WEPRIN -- read once and referred
to the Committee on Correction
AN ACT to amend the correction law, in relation to incarcerated individ-
uals with a serious mental illness
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (e) of subdivision 6 of
2 section 137 of the correction law, as amended by chapter 322 of the laws
3 of 2021, is amended to read as follows:
4 (i) he or she [has a current diagnosis of, or is diagnosed at the
5 initial or any subsequent assessment conducted during the incarcerated
6 individual's segregated confinement with, one or more of the following
7 types of Axis I diagnoses, as described in the most recent edition of
8 the Diagnostic and Statistical Manual of Mental Disorders, and such
9 diagnoses shall be made based upon all relevant clinical factors,
10 including but not limited to symptoms related to such diagnoses:
11 (A) schizophrenia (all sub-types),
12 (B) delusional disorder,
13 (C) schizophreniform disorder,
14 (D) schizoaffective disorder,
15 (E) brief psychotic disorder,
16 (F) substance-induced psychotic disorder (excluding intoxication and
17 withdrawal),
18 (G) psychotic disorder not otherwise specified,
19 (H) major depressive disorders, or
20 (I) bipolar disorder I and II] is a person with a serious mental
21 illness, as defined in subdivision fifty-two of section 1.03 of the
22 mental hygiene law;
23 § 2. This act shall take effect on the ninetieth day after it shall
24 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03996-01-3
